Officer Report

Application No.: 15/01143/C Applicant: Mrs Jessica Mackie Proposal: Additional use of existing residential apartment as tourist accommodation Site Address: Flat 9 - Beresford House 11 - 12 Palace Terrace Queens Promenade Douglas Isle Of Man IM2 4NE Case Officer : Miss Melissa McKnight Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO PLANNING COMMITTEE DUE TO THE NUMBER OF OBJECTIONS RECEIVED AND NUMBER OF THOSE RECOMMENDED FOR INTERESTED PARTY STATUS.

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of Flat 9 Beresford House, a ground floor apartment within a six storey end terraced building located on the north western side of Queens Promenade, Douglas. The application site also lies within the Douglas Promenades Conservation Area. - 1.2 Adjoining the application building is Avondale House that is of very similar appearance and form to the application building. Neighbouring Avondale House is Queens Apartments, a newly built six storey apartment block.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the additional use of Flat 9 for tourist accommodation. - 2.2 The apartment comprises one en-suite bedroom, a second bedroom, a bathroom, kitchen and lounge. - 2.3 The applicant has also stated that there is a ramped access to the rear of the flat, and it is hoped to make the unit wheelchair accessible.

3.0 PLANNING HISTORY - 3.1 The application site has not been the subject of any previous planning applications that are considered materially relevant to the assessment of this current planning application. - 3.2 There have been a number of similar planning applications that have sought the additional use of residential apartments as tourist accommodation. Most recently there have been the four listed below which were granted planning approval:

34 Piccadilly Court - PA 15/00763/C 43 Empress Apartments - PA 14/01089/C

45 Spectrum Apartments - PA 14/00645/C 68 Queens Apartments - PA 13/00478/C

3.3 Flat 43 Empress Apartments sought planning approval in 2014 under PA 14/01089/C for the additional use of residential apartment as tourist accommodation. This previous application was refused at appeal for the following reasons:

• R 1. Contrary to Business Policy 13 of the Isle of Man Strategic Plan, the applicants have failed to demonstrate that the use of Apartment 43 as tourist accommodation would not compromise the amenities of neighbouring residents.
• R 2. The short-term letting of Apartment 43 could have an unacceptably adverse effect on living conditions in Empress Apartments, contrary to General Policy 2(g) of the Isle of Man Strategic Plan 2007.

4.0 PLANNING POLICY - 4.1 The application site is within an area zoned as Tourism, Residential and Offices under the Douglas Local Plan 1998. As previously mentioned, the site also lies within the Douglas Promenades Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Planning Policy 2007 contains three policies that are considered materially relevant to the assessment of this current planning application:

General Policy 2 states: "Development which is in accordance with the land use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• a) is in accordance with the design brief in the Area Plan where there is such a brief;
• b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them;
• c) does not affect adversely the character of the surrounding landscape or townscape;
• d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• e) does not affect adversely public views of the sea;
• f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• g) does not affect adversely the amenity of local residents or the character of the locality;
• h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• i) does not have an adverse effect on road safety or traffic flows on the local highways;
• j) can be provided with all necessary services;
• k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• n) is designed having due regard to best practice in reducing energy consumption."

Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

Business Policy 13 states: "Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents."

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council has no objection to the current planning application (30/10/2015). - 5.2 The Department of Infrastructure Highway Services have no objection to the current planning application (29/10/2015). - 5.3 A representation has been received from Beresford House Management Company object to the planning application as under the terms of the lease, owners are not allowed to carry out a business and Beresford Management Company believe that holiday accommodation would be classed as a business and as such the owners would be in breach of their lease (27/10/2015). - 5.4 A representation has been received from the owner and occupier of No. 7 Beresford House objecting to the planning application on the grounds that the change of use would conflict with Clause 17 which they feel legally forbids the use (31/10/2015). - 5.5 A representation has been received from the owners and occupiers of No. 6 Beresford House date stamped 3rd November 2015 who object to the planning application for the following reasons:

• - The application should fail on legal grounds as Clause 17 states that tenants should not 'carry on, in or from the demised premises any trade or business other than shall be approved by the lessor or the management company.'
• - Clause 17 further states, 'any act or thing which may be or become a nuisance or annoyance, injury, damage or disturbance to the lessor or the tenants or the occupiers of any other part of the estate.' Any flat taking in casual tourist visitors would have to issue keys to complete strangers, posing a serious security threat.

5.6 A representation has been received from the owner of Flat 3 Beresford House, objecting to the planning application as the lease prohibits the operation of any business from any of the premises and that the permanent residents of the building should be entitled to the assurance that the quiet enjoyment of the premises will not be placed at risk by holiday lettings (05/11/2015).

6.0 ASSESSMENT - 6.1 The planning application does not propose any external alterations or modifications and therefore it is imperative to assess the impacts of the proposal on the residential amenity of the local residents of neighbouring apartments and the impact of the use on the local area. - 6.2 The Strategic Plan makes it clear that the use of private residential properties for tourist accommodation will generally be acceptable provided that it would not compromise the amenities of neighbouring properties. Whilst the application site is not a residential property, it is a residential unit and as such the same principle applies. - 6.3 The application site lies within an area zoned as Tourism, Residential and Offices and the proposed additional use would therefore comply with the land use designation. - 6.4 It is now necessary to consider the impacts of the proposed additional use upon the amenity of Beresford House and other neighbouring units. The application building is located on a main route and is neighboured, or sits within close proximity to, by other apartment buildings, tourist

• units, restaurants, public houses and a nightclub so there is already a certain level of movements along this section of the Promenade and increased noise disturbances are not uncommon.
• 6.5 Tourist movements can be very different to that of those residing in an apartment block on a permanent basis. With many shared living areas such as apartments, a different standard of residential amenity is expected than those living in a semi-detached or detached property. There is generally less privacy and more interaction with neighbours through the use of shared corridors and spaces. Permanent residents may be at home more of the time, but be more likely to invite friends or family over for dinner or parties that may be noisy. In general terms, the majority of people tend to behave well and raise no concerns, although there will always be a percentage that might not, whether they are a permanent resident or otherwise. It is not considered that tourists would treat the building any different than a resident within the building.
• 6.6 It is not considered that the proposal would cause significant harm to the residential amenity through an increase in noise and disturbance over and above what most likely occurs at present in and around the area.
• 6.7 The application site is located on Queens Promenade and is within walking distance to Douglas town centre and is located close to bus routes and as such, the proposed additional use in this area is deemed acceptable with regards to tourist accessibility and use.
• 6.8 In terms of the impact of the proposal on parking, there is parking to the rear of the building and also parking available that permits a maximum stay of 24 hours. The intended additional use of the apartment is not considered to have a significant impact upon the demand for parking within the locality.

7.0 OTHER MATTERS - 7.1 Issues such as covenants and lease agreements are not material planning matters and therefore hold no weight in the determination of this planning application. These are civil matters between the relevant parties. The grant of planning approval does not override other legal matters.

8.0 RECOMMENDATION - 8.1 Overall, it is concluded that the planning application accords to General Policy 2 and Business Policy 13 of the Isle of Man Strategic Plan 2007 and the planning application is recommended for approval.

9.0 PARTY STATUS - 9.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considered material; and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

9.2 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:

Beresford House Management Company The owner and occupier of No. 7 Beresford House The owner and occupier of No. 6 Beresford House The owner of Flat 3 Beresford House

Recommendation Recommended Decision: Permitted Date of Recommendation:

16.11.2015

Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

This approval relates to Location Plan and Ground Floor Plan date stamped as received 12th October 2015.

Decision Made : ……PER……… Committee Meeting Date:…30.11.2015

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Signed :………M MCKNIGHT……….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraphin the Officer’s report).

Signatoryto delete as appropriate YES/NO